In proceedings under this chapter, the court shall order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim. The court shall not order an undertaking to be given as a condition of expunging the notice where the court finds the pleading does not contain a real property claim.
§ 405.31.Pleading Does Not Contain Real Property Claim
Title 4.5. Recording Notice of Certain Actions · Chapter 3. Expungement and Other Relief · Enacted 1992 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 405.31 requires a court to expunge a notice of pendency if the pleading it is based on does not contain a real property claim, and bars the court from conditioning that expungement on an undertaking.
Full Text of § 405.31
Plain-English Summary
This is the first and most fundamental ground for expungement: does the pleading state a real property claim at all, as § 405.4 defines that term? If it does not, § 405.31 leaves the court no discretion -- it must order the notice expunged.
The section also removes a tool the court might otherwise reach for. Under § 405.33 and § 405.34, a court can sometimes let a notice stay in place conditioned on the claimant posting an undertaking. Section 405.31 forecloses that option here: when the pleading lacks a real property claim, there is nothing for an undertaking to secure, so the court cannot require one as the price of expungement.
Frequently Asked Questions
What happens if a lawsuit behind a lis pendens does not involve a real property claim?
Under § 405.31, the court must expunge the notice once it finds the pleading does not contain a real property claim as defined in § 405.4.
Can a court require an undertaking before expunging a notice for lack of a real property claim?
No. Section 405.31 bars the court from conditioning expungement on an undertaking when the ground for expungement is that the pleading contains no real property claim.
Amendment History
Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: expunge lis pendens no real property claim